C-25.01, r. 6 - Rules of practice of the Superior Court of Québec in family matters

Full text
FORM IV
(Revoked)
Decision 91-06-21, s. 5; Decision 94-06-23, s. 34; Decision 98-10-16, s. 3; Decision 2003-06-30, s. 9; Decision 2004-08-31, s. 2; Decision 2014-06-13, s. 2.
FORM IV
STATEMENT OF THE FAMILY PATRIMONY

(Identification of the record)
STATEMENT OF THE FAMILY PATRIMONY


A APPLICANT DEFENDANT
PROPERTY EXCLUDED FROM THE PATRIMONY
(Art. 415 C.C.Q.) VALUE VALUE GROUNDS FOR EXCLUSION



VALUE OF THE PATRIMONY ESTABLISHED AS AT ___/_____/_______ c date spouses ceased living together
DD / MM / YYYY c date of institution of the action

B APPLICANT DEFENDANT
NET VALUE OF PROPERTY IN THE PATRIMONY OWNED BY THE PARTIES
(Art. 415 and 417 C.C.Q.)
(1)Family residence
(2) Secondary residence(s)
(3) Movable property which furnishes or decorates the residences and serves for the use of the household:
l Family residence
l Secondary residence(s)
(4) Motor vehicle(s) used for family travel

TOTAL VALUE DEBT
INCURRED NET VALUE DEBT
INCURRED NET

$_________
$_________




$_________
$_________

$_________

$_________
$_________
$_________




$_________
$_________

$_________

$_________
$_________
$_________




$_________
$_________

$_________

$_________
$_________
$_________




$_________
$_________

$_________

$_________
$_________
$_________




$_________
$_________

$_________

$_________
$_________
$_________




$_________
$_________

$_________

$_________
DEDUCTIONS
(Art. 418 C.C.Q.) less less
(a) Property owned before the marriage Net value increase in
value
$_________ $ + _________

=$________ Net value increase in
value
$_________ + $_________

=$________
(b) Contribution during the marriage Contribution increase in
value
_________ $ + _________ $

=$________ Contribution increase in
value
$_________ $ + $_________

=$________
(c) reinvestment during the marriage
VALUE WHICH MAY BE PARTITIONED
=$
=$

*If necessary, provide details in a schedule


C APPLICANT DEFENDANT
NET VALUE OF PROPERTY IN THE PATRIMONY OWNED BY THE PARTIES
(Art. 415 and 417 C.C.Q.)

(5) Benefits accrued during the marriage under a retirement plan (**See Section D if the plan does not confer the right to a capitalized amount)
(6) RRSPs accrued during the marriage


TOTAL VALUE DEBT INCURRED NET VALUE DEBT INCURRED NET





$_________



$_________


$_________




$_________



$_________


$_________




$_________



$_________


$_________




$_________



$_________


$_________




$_________



$_________


$_________




$_________



$_________


$_________
DEDUCTIONS
(Art. 418 C.C.Q.) less less
Contribution during the marriage Contribution increase in
value
$_________ $ + $_________

=$________ Contribution increase in
value
$_________ + $_________

=$________
VALUE WHICH MAY BE PARTITIONED
=$
=$


D Check the appropriate boxes APPLICANT DEFENDANT
Registered earning during the marriage:
l Québec Pension Plan (Q.P.P.) c c
l Canada Pension Plan (C.P.P.) c c
** The pension plan to which you contribute entitles your spouse to a pension instead of a capitalized amount c c
** The pension plan to which your spouse contributes entitles you to a pension instead of a capitalized amount c c

SWORN STATEMENT
I declare that the information given regarding the property owned by me is accurate and complete and that, to the best of my knowledge, it is accurate and complete as regards the property owned by the other party.
And I have signed in , on
Applicant c or Defendant c
Solemnly affirmed before me in this
Individual empowered to receive oaths:
E I BELIEVE THAT THE RULES REGARDING THE FAMILY PATRIMONY DO NOT APPLY IN THIS CASE, FOR THE FOLLOWING REASONS: (SPECIFY)




I AM NEVERTHELESS COMPLETING THE FOLLOWING STATEMENT IN THE EVENT THAT THE COURT DOES NOT ACCEPT THIS ARGUMENT.
F I AM CLAIMING A COMPENSATORY ALLOWANCE FOR THE FOLLOWING REASONS (ART. 421 C.C.Q.):




G I AM CLAIMING UNEQUAL PARTITION FOR THE FOLLOWING REASONS (ART. 422 C.C.Q.):



H EFFECTING THE PARTITION (Art. 419 and 420 C.C.Q.)
Proposed methods of payment:
1. Currency:
- in cash: $
- by instalments: $
- as follows:
(date) (amount)



- security (if applicable):




2. By giving in payment of the following property
Applicant: Defendant:




I RECOVERY OF DEDUCTIONS (IF APPLICABLE):
Applicant: Defendant:




Signed in , on

PER:
Decision 91-06-21, s. 5; Decision 94-06-23, s. 34; Decision 98-10-16, s. 3; Decision 2003-06-30, s. 9; Decision 2004-08-31, s. 2.